PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2247

Public Law 109–103

109th Congress

An Act

Making appropriations for energy and water development for the fiscal year ending

September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2006, for energy and water development and for other purposes,

namely:

TITLE I

CORPS OF ENGINEERS—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief

of Engineers for authorized civil functions of the Department of

the Army pertaining to rivers and harbors, flood control, shore

protection and storm damage reduction, aquatic ecosystem restoration, and related purposes.

INVESTIGATIONS

For expenses necessary for the collection and study of basic

information pertaining to river and harbor, flood control, shore

protection and storm damage reduction, aquatic ecosystem restoration, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by law, surveys and

detailed studies and plans and specifications of projects prior to

construction, $164,000,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, within

the funds provided under this heading, $1,000,000 shall be available

for planning assistance to the state of Ohio for Stark County watershed basin study: Provided further, That using $8,000,000 of the

funds provided herein, the Secretary of the Army, acting through

the Chief of Engineers, is directed to conduct a comprehensive

hurricane protection study at full Federal expense to develop and

present a full range of flood, coastal and hurricane protection measures exclusive of normal policy considerations for south Louisiana

and the Secretary shall submit a feasibility report for short-term

Reports.

Deadlines.

Energy and

Water

Development

Appropriations

Act, 2006.

Nov. 19, 2005

[H.R. 2419]

119 STAT. 2248 PUBLIC LAW 109–103—NOV. 19, 2005

protection within 6 months of enactment of this Act, interim protection within 12 months of enactment of this Act and long-term

comprehensive protection within 24 months of enactment of this

Act: Provided further, That the Secretary shall consider providing

protection for a storm surge equivalent to a Category 5 hurricane

within the project area and may submit reports on component

areas of the larger protection program for authorization as soon

as practicable: Provided further, That the analysis shall be conducted in close coordination with the State of Louisiana and its

appropriate agencies.

CONSTRUCTION

For expenses necessary for the construction of river and harbor,

flood control, shore protection and storm damage reduction, aquatic

ecosystem restoration, and related projects authorized by law; for

conducting detailed studies, and plans and specifications, of such

projects (including those involving participation by States, local

governments, or private groups) authorized or made eligible for

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to

construction); $2,372,000,000, to remain available until expended;

of which such sums as are necessary to cover the Federal share

of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of

which such sums as are necessary pursuant to Public Law 99–

662 shall be derived from the Inland Waterways Trust Fund, to

cover one-half of the costs of construction and rehabilitation of

inland waterways projects, (including the rehabilitation costs for

Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19,

Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois

and Missouri; Lock 27, Mississippi River, Illinois; and Lock and

Dam 3, Mississippi River, Minnesota) shall be derived from the

Inland Waterways Trust Fund; and of which $12,000,000 shall

be exclusively for projects and activities authorized under section

107 of the River and Harbor Act of 1960; and of which $500,000

shall be exclusively for projects and activities authorized under

section 111 of the River and Harbor Act of 1968; and of which

$7,000,000 shall be exclusively for projects and activities authorized

under section 103 of the River and Harbor Act of 1962; and of

which $40,000,000 shall be exclusively available for projects and

activities authorized under section 205 of the Flood Control Act

of 1948; and of which $15,000,000 shall be exclusively for projects

and activities authorized under section 14 of the Flood Control

Act of 1946; and of which $300,000 shall be exclusively for projects

and activities authorized under section 208 of the Flood Control

Act of 1954; and of which $30,000,000 shall be exclusively for

projects and activities authorized under section 1135 of the Water

Resources Development Act of 1986; and of which $30,000,000 shall

be exclusively for projects and activities authorized under section

206 of the Water Resources Development Act of 1996; and of which

$5,000,000 shall be exclusively for projects and activities authorized

under sections 204 and 207 of the Water Resources Development

Act of 1992 and section 933 of the Water Resources Development

Act of 1986: Provided, That the Chief of Engineers is directed to use $11,250,000 of the funds appropriated herein for the Dallas

Floodway Extension, Texas, project, including the Cadillac Heights

Louisiana.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2249

feature, generally in accordance with the Chief of Engineers report

dated December 7, 1999: Provided further, That the Chief of Engi- neers is directed to use $1,500,000 of the funds provided herein

for the Hawaii Water Management Project: Provided further, That

the Chief of Engineers is directed to use $13,000,000 of the funds

appropriated herein for the navigation project at Kaumalapau

Harbor, Hawaii: Provided further, That the Chief of Engineers

is directed to use $4,000,000 of the funds provided herein for the

Dam Safety and Seepage/Stability Correction Program for seepage

control features and repairs to the tainter gates at Waterbury

Dam, Vermont: Provided further, That $600,000 of the funds provided herein for the Dam Safety and Seepage/Stability Correction

Program shall be available for Dover Dam, Ohio: Provided further,

That the Chief of Engineers is directed to use $9,500,000 of the

funds appropriated herein for planning, engineering, design or

construction of the Grundy, Buchanan County, and Dickenson

County, Virginia, elements of the Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River Project: Provided

further, That the Chief of Engineers is directed to use $5,600,000

of the funds appropriated herein for planning, engineering, design

or construction of the Lower Mingo County, Upper Mingo County,

Wayne County, McDowell County, West Virginia, elements of the

Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Chief of Engineers

is directed to continue the Dickenson County Detailed Project

Report as generally defined in Plan 4 of the Huntington District

Engineer’s Draft Supplement to the section 202 General Plan for

Flood Damage Reduction dated April 1997, including all Russell

Fork tributary streams within the County and special considerations as may be appropriate to address the unique relocations

and resettlement needs for the flood prone communities within

the County: Provided further, That the Secretary of the Army,

acting through the Chief of Engineers, is directed to use $16,000,000

of the funds appropriated herein for the Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and

Tug Fork Tributaries), Bell County, Harlan County in accordance

with the Draft Detailed Project Report dated January 2002, Floyd

County, Martin County, Johnson County, and Knox County, Kentucky, detailed project report, elements of the Levisa and Tug

Forks of the Big Sandy River and Upper Cumberland River: Provided further, That the Chief of Engineers is directed to proceed

with work on the permanent bridge to replace Folsom Bridge Dam

Road, Folsom, California, as authorized by the Energy and Water

Development Appropriations Act, 2004 (Public Law 108–137), and,

of the $15,000,000 available for the American River Watershed

(Folsom Dam Mini-Raise), California, project, $10,000,000 of those

funds be directed for the permanent bridge, with all remaining

devoted to the Mini-Raise: Provided further, That $300,000 is provided for the Chief of Engineers to conduct a General Reevaluation

Study on the Mount St. Helens project to determine if ecosystem

restoration actions are prudent in the Cowlitz and Toutle watersheds for species that have been listed as being of economic importance and threatened or endangered: Provided further, That

$35,000,000 shall be available for projects and activities authorized

under 16 U.S.C. 410–r–8: Provided further, That the Secretary

is directed to use $2,000,000 of the funds appropriated herein

to provide a grant to the City of Caliente, Nevada, for the City

119 STAT. 2250 PUBLIC LAW 109–103—NOV. 19, 2005

to expend for the purpose of purchasing construction equipment

to be used by the City in constructing local flood control measures.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL- LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN- NESSEE

For expenses necessary for the flood damage reduction program

for the Mississippi River alluvial valley below Cape Girardeau,

Missouri, as authorized by law, $400,000,000, to remain available

until expended, of which such sums as are necessary to cover

the Federal share of operation and maintenance costs for inland

harbors shall be derived from the Harbor Maintenance Trust Fund:

Provided, That the Chief of Engineers is directed to use $20,000,000

of the funds provided herein for design and real estate activities

and pump supply elements for the Yazoo Basin, Yazoo Backwater

Pumping Plant, Mississippi: Provided further, That the Secretary

of the Army, acting through the Chief of Engineers is directed

to use $9,000,000 appropriated herein for construction of water

withdrawal features of the Grand Prairie, Arkansas, project, of

which such sums as are necessary to cover the Federal share

of operation and maintenance costs for inland harbors shall be

derived from the Harbor Maintenance Trust Fund.

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and

care of existing river and harbor, flood and storm damage reduction,

aquatic ecosystem restoration, and related projects authorized by

law; for providing security for infrastructure owned and operated

by, or on behalf of, the United States Army Corps of Engineers

(the ‘‘Corps’’), including administrative buildings and facilities, laboratories, and the Washington Aqueduct; for the maintenance of

harbor channels provided by a State, municipality, or other public

agency that serve essential navigation needs of general commerce,

where authorized by law; and for surveys and charting of northern

and northwestern lakes and connecting waters, clearing and

straightening channels, and removal of obstructions to navigation,

$1,989,000,000, to remain available until expended, of which such

sums to cover the Federal share of operation and maintenance

costs for coastal harbors and channels, and inland harbors shall

be derived from the Harbor Maintenance Trust Fund, pursuant

to Public Law 99–662 may be derived from that fund; of which

such sums as become available from the special account for the

Corps established by the Land and Water Conservation Act of

1965, as amended (16 U.S.C. 460l–6a(i)), may be derived from

that account for resource protection, research, interpretation, and

maintenance activities related to resource protection in the areas

at which outdoor recreation is available; and of which such sums

as become available under section 217 of the Water Resources

Development Act of 1996, Public Law 104–303, shall be used to

cover the cost of operation and maintenance of the dredged material

disposal facilities for which fees have been collected: Provided,

That utilizing funds appropriated herein, for the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,

the Chief of Engineers, is directed to reimburse the State of Delaware for normal operation and maintenance costs incurred by the

State of Delaware for the SR1 Bridge from station 58∂00 to station

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2251

293∂00 between October 1, 2005, and September 30, 2006: Provided

further, That the Chief of Engineers is authorized to undertake,

at full Federal expense, a detailed evaluation of the Albuquerque

levees for purposes of determining structural integrity, impacts

of vegetative growth, and performance under current hydrological

conditions: Provided further, That using $275,000 provided herein,

the Chief of Engineers is authorized to remove the sunken vessel

State of Pennsylvania from the Christina River in Delaware.

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining

to regulation of navigable waters and wetlands, $160,000,000, to

remain available until expended.

REVOLVING FUND

None of the funds in title I of this Act or otherwise available

to the Corps of Engineers shall be available for the rehabilitation

and lead and asbestos abatement of the dredge McFarland.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites

in the United States resulting from work performed as part of

the Nation’s early atomic energy program, $140,000,000, to remain

available until expended.

GENERAL EXPENSES

For expenses necessary for general administration and related

civil works functions in the headquarters of the United States

Army Corps of Engineers, the offices of the Division Engineers,

the Humphreys Engineer Center Support Activity, the Institute

for Water Resources, the United States Army Engineer Research

and Development Center, and the United States Army Corps of

Engineers Finance Center, $154,000,000, to remain available until

expended: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil

works activities of the Office of the Chief of Engineers or the

civil works executive direction and management activities of the

division offices: Provided further, That the Secretary is directed

to use $4,500,000 of the funds appropriated herein to conduct,

at full Federal expense and in close cooperation with state and

local governments, comprehensive analyses that examine multijurisdictional use and management of water resources on a watershed or regional scale.

OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

For expenses necessary for the Office of Assistant Secretary

of the Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3),

$4,000,000.

ADMINISTRATIVE PROVISION

Appropriations in this title shall be available for official recep- tion and representation expenses not to exceed $5,000; and during

the current fiscal year the Revolving Fund, Corps of Engineers,

119 STAT. 2252 PUBLIC LAW 109–103—NOV. 19, 2005

shall be available for purchase not to exceed 100 for replacement

only and hire of passenger motor vehicles.

GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) None of the funds provided in title I of this

Act, or provided by previous appropriations Acts to the agencies

or entities funded in title I of this Act that remain available for

obligation or expenditure in fiscal year 2006, shall be available

for obligation or expenditure through a reprogramming of funds

that—

(1) creates or initiates a new program, project, or activity;

(2) eliminates a program, project or activity;

(3) increases funds or personnel for any program, project

or activity for which funds have been denied or restricted

by this Act;

(4) proposes to use funds directed for a specific activity

by either the House or the Senate Committees on Appropriations for a different purpose;

(5) augments existing programs, projects or activities in

excess of $2,000,000 or 50 percent, whichever is less, unless

prior approval is received from the House and Senate Committees on Appropriations;

(6) reduces existing programs, projects or activities in

excess of $2,000,000 or 50 percent, whichever is less, unless

prior approval is received from the House and Senate Committees on Appropriations; or

(7) creates, reorganizes, or restructures a branch, division,

office, bureau, board, commission, agency, administration, or

department different from the budget justifications submitted

to the Committees on Appropriations or the table accompanying

the Statement of Managers accompanying this Act, whichever

is more detailed, unless prior approval is received from the

House and Senate Committees on Appropriations.

(b) Subsection (a)(1) shall not apply to any project or activity

authorized under section 205 of the Flood Control Act of 1948;

section 14 of the Flood Control Act of 1946; section 208 of the

Flood Control Act of 1954; section 107 of the River and Harbor

Act of 1960; section 103 of the River and Harbor Act of 1962;

section 111 of the River and Harbor Act of 1968; section 1135

of the Water Resources Development Act of 1986; section 206 of

the Water Resources Development Act of 1996; sections 204 and

207 of the Water Resources Development Act of 1992 or section

933 of the Water Resources Development Act of 1986.

(c) Not later than 60 days after the date of enactment of

this Act, the Corps of Engineers shall submit a report to the

Committees on Appropriations of the Senate and the House of

Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year:

Provided, That the report shall include—

(1) a table for each appropriation with a separate column

to display the President’s budget request, adjustments made

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

(2) a delineation in the table for each appropriation both

by object class and program, project and activity as detailed

in the budget appendix for the respective appropriations; and

Deadline.

Reports.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2253

(3) an identification of items of special congressional

interest: Provided further, That the amount appropriated for

salaries and expenses of the Corps of Engineers shall be reduced

by $100,000 per day for each day after the required date that

the report has not been submitted to the Congress.

(d) None of the funds received as a non-Federal share for

project costs by any agency funded in title I of this Act shall

be available for reprogramming.

SEC. 102. Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the

Army for Civil Works or the United States Army Corps of Engineers

after the date of the enactment of this Act pursuant to section

4 of the River and Harbor Act of 1915, Public Law 64–291; section

11 of the River and Harbor Act of 1925, Public Law 68–585; the

Civil Functions Appropriations Act, 1936, Public Law 75–208; section 215 of the Flood Control Act of 1968, as amended, Public

Law 90–483; sections 104, 203, and 204 of the Water Resources

Development Act of 1986, as amended, Public Law 99–662; section

206 of the Water Resources Development Act of 1992, as amended,

Public Law 102–580; section 211 of the Water Resources Development Act of 1996, Public Law 104–303; and any other specific

project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in

each fiscal year.

SEC. 103. In order to protect and preserve the integrity of

the water supply against further degradation, none of the funds

made available under this Act and any other Act hereafter may

be used by the Army Corps of Engineers to support activities

related to any proposed new landfill in the Muskingum Watershed

if such landfill—

(1) has not received a permit to construct from the State

agency with responsibility for solid waste management in the

watershed;

(2) has not received waste for disposal during 2005; and

(3) is not contiguous or adjacent to a portion of a landfill

that has received waste for disposal in 2005 and each landfill

is owned by the same person or entity.

SEC. 104. None of the funds appropriated in this or any other

Act shall be used to demonstrate or implement any plans divesting

or transferring any Civil Works missions, functions, or responsibilities of the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of

Congress.

SEC. 105. ST. GEORGES BRIDGE, DELAWARE.—None of the funds

made available in this Act may be used to carry out any activity

relating to closure or removal of the St. Georges Bridge across

the Intracoastal Waterway, Delaware River to Chesapeake Bay,

Delaware and Maryland, including a hearing or any other activity

relating to preparation of an environmental impact statement concerning the closure or removal.

SEC. 106. Notwithstanding any other provision of law, the

requirements regarding the use of continuing contracts under the

authority of section 206 of the Water Resources Development Act

of 1999 (33 U.S.C. 2331) shall apply only to projects funded under

the Operation and Maintenance account and the Operation and

Maintenance subaccount of the Flood Control, Mississippi River

and Tributaries account.

Applicability.

Mississippi.

33 USC 2221.

119 STAT. 2254 PUBLIC LAW 109–103—NOV. 19, 2005

SEC. 107. Within 75 days of the date of the Chief of Engineers

Report on a water resource matter, the Assistant Secretary of

the Army (Civil Works) shall submit the report to the appropriate

authorizing and appropriating committees of the Congress.

SEC. 108. None of the funds made available in title I of this

Act may be used to award any continuing contract or to make

modifications to any existing continuing contract that commits an

amount for a project in excess of the amount appropriated for

such project pursuant to this Act: Provided, That the amounts

appropriated in this Act may be modified pursuant to the authorities

provided in section 101 of this Act or through the application

of unobligated balances for such project.

SEC. 109. Within 90 days of the date of enactment of this

Act, the Assistant Secretary of the Army (Civil Works) shall

transmit to Congress his report on any water resources matter

on which the Chief of Engineers has reported.

SEC. 110. Section 123 of Public Law 108–137 (117 Stat. 1837)

is amended by striking ‘‘in accordance with the Baltimore Metropolitan Water Resources-Gwynns Falls Watershed Feasibility Report’’

and all that follows and inserting the following language in lieu

thereof: ‘‘in accordance with the Baltimore Metropolitan Water

Resources Gwynns Falls Watershed Study—Draft Feasibility Report

and Integrated Environmental Assessment prepared by the Corps

of Engineers and the City of Baltimore, Maryland, dated April

2004. The non-Federal sponsor shall receive credit toward its share

of project costs for work carried out by the non-Federal sponsor

prior to execution of a project cooperation agreement, if the Secretary determines that the work is integral to the project. The

non-Federal sponsor may also receive credit for any work performed

by the non-Federal sponsor pursuant to a project cooperation agreement. The non-Federal sponsor shall be reimbursed for any work

performed by the non-Federal sponsor that is in excess of the

non-Federal share of project costs.’’.

SEC. 111. None of the funds in this Act may be expended

by the Secretary of the Army to construct the Port Jersey element

of the New York and New Jersey Harbor or to reimburse the

local sponsor for the construction of the Port Jersey element until

commitments for construction of container handling facilities are

obtained from the non-Federal sponsor for a second user along

the Port Jersey element.

SEC. 112. MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.

Section 101(a)(31) of the Water Resources Development Act of 1996

(110 Stat. 3666), is amended by striking ‘‘$229,581,000’’ and

inserting ‘‘$358,000,000’’.

SEC. 113. Truckee Meadows Flood Control Project, Nevada.—

The non-Federal funds expended for purchase of lands, easements

and rights-of-way, implementation of project monitoring and assessment, and construction and implementation of recreation, ecosystem

restoration, and water quality improvement features, including the

provision of 6700 acre-feet of water rights no later than the effective

date of the Truckee River Operating Agreement for re-vegetation,

reestablishment and maintenance of riverine and riparian habitat

of the Lower Truckee River and Pyramid Lake, whether expended

prior to or after the signing of the Project Cooperation Agreement

(PCA), shall be fully credited to the non-Federal sponsor’s share

of costs for the project: Provided, That for the purposes of benefitcost ratio calculations in the General Reevaluation Report (GRR),

Deadline.

Reports.

Deadline.

Reports.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2255

the Truckee Meadows Nevada Flood Control Project shall be defined

as a single unit and non-separable.

SEC. 114. WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the

funds made available by this Act may be used to carry out any

water reallocation project or component under the Wolf Creek

Project, Lake Cumberland, Kentucky, authorized under the Act

of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of

July 24, 1946 (60 Stat. 636, chapter 595).

(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply

to any water reallocation for Lake Cumberland, Kentucky, that

is carried out subject to an agreement or payment schedule in

effect on the date of enactment of this Act.

SEC. 115. Section 529(b)(3) of Public Law 106–541 is amended

by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’ in lieu

thereof.

SEC. 116. YAZOO BASIN, BIG SUNFLOWER RIVER, MISSISSIPPI.—

The Yazoo Basin, Big Sunflower River, Mississippi, project authorized by the Flood Control Act of 1944, as amended and modified,

is further modified to include the design and construction at full

Federal expense of such measures as determined by the Chief

of Engineers to be advisable for the control and reduction of sedimentation, erosion and headcutting in watersheds of the Yazoo

Basin: Yazoo Headwater and Big Sunflower.

SEC. 117. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT

INTERPRETIVE SITE, MISSISSIPPI.—The Water Resources Development Act of 1992 (106 Stat. 4811) is amended by—

(1) in section 103(c)(2) by striking ‘‘property currently held

by the Resolution Trust Corporation in the vicinity of the

Mississippi River Bridge’’ and inserting ‘‘riverfront property’’;

and

(2) in section 103(c)(7)—

(A) by striking ‘‘There is’’ and inserting the following:

‘‘(A) IN GENERAL.—There is’’; and

(B) by striking ‘‘$2,000,000’’ and all that follows and inserting the following: ‘‘$15,000,000 to plan, design, and

construct generally in accordance with the conceptual plan

to be prepared by the Corps of Engineers.

‘‘(B) FUNDING.—The planning, design, and construction

of the Lower Mississippi River Museum and Riverfront

Interpretive Site shall be carried out using funds appropriated as part of the Mississippi River Levees feature

of the Mississippi River and Tributaries Project, authorized

by the Act of May 15, 1928 (45 Stat. 534, chapter 569).’’.

SEC. 118. Section 593(h) of Public Law 106–541 is amended

by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’ in lieu

thereof.

SEC. 119. The project for navigation, Los Angeles Harbor, California, authorized by section 101(b)(5) of the Water Resources

Development Act of 2000 (114 Stat. 2577) is modified to authorize

the Chief of Engineers to carry out the project at a total cost

of $222,000,000.

SEC. 120. Section 219(f) of the Water Resources Development

Act of 1992 (Public Law 102–580; 106 Stat. 4835), as amended

by section 502(b) of the Water Resources Development Act of 1999

(Public Law 106–53) and section 108(d) of title I of division B

of the Miscellaneous Appropriations Act, 2001 (as enacted by Public

113 Stat. 380.

114 Stat. 2658.

119 STAT. 2256 PUBLIC LAW 109–103—NOV. 19, 2005

Law 106–554; 114 Stat. 2763A–220), is further amended by adding

at the end the following:

‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is authorized for

a water transmission main, Alpine, CA.’’.

SEC. 121. (a) The Secretary of the Army may carry out and

fund projects to comply with the 2003 Biological Opinion described

in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended

by subsection (b) and may award grants and enter into contracts,

cooperative agreements, or interagency agreements with participants in the Endangered Species Act Collaborative Program

Workgroup referenced in section 209(a) of the Energy and Water

Development Appropriations Act, 2004 (Public Law 108–137; 117

Stat. 1850) in order to carry out such projects. Any project undertaken under this subsection shall require a non-Federal cost share

of 25 percent, which may be provided through in-kind services

or direct cash contributions and which shall be credited on a programmatic basis instead of on a project-by-project basis, with reconciliation of total project costs and total non-Federal cost share

calculated on a three year incremental basis. Non-Federal cost

share that exceeds that which is required in any calculated three

year increment shall be credited to subsequent three year increments.

(b) Section 205(b) of Public Law 108–447 (118 Stat. 2949)

is amended by adding ‘‘and any amendments thereto’’ after the

word ‘‘2003’’.

SEC. 122. BLUESTONE, WEST VIRGINIA. Section 547 of the Water

Resources Development Act of 2000 (114 Stat. 2676) is amended—

(1) in subsection (b)(1)(A) by striking ‘‘4 years’’ and

inserting ‘‘5 years’’;

(2) in subsection (b)(1)(B)(iii) by striking ‘‘if all’’ and all

that follows through ‘‘facility’’ and inserting ‘‘assurance project’’;

(3) in subsection (b)(1)(C) by striking ‘‘and construction’’

and inserting ‘‘, construction, and operation and maintenance’’;

(4) by adding at the end of subsection (b) the following:

‘‘(3) OPERATION AND OWNERSHIP.—The Tri-Cities Power

Authority shall be the owner and operator of the hydropower

facilities referred to in subsection (a).’’;

(5) in subsection (c)(1)—

(A) by striking ‘‘No’’ and inserting ‘‘Unless otherwise

provided, no’’;

(B) by inserting ‘‘planning,’’ before ‘‘design’’; and

(C) by striking ‘‘prior to’’ and all that follows through

‘‘subsection (d)’’;

(6) in subsection (c)(2) by striking ‘‘design’’ and inserting

‘‘planning, design,’’;

(7) in subsection (d)—

(A) by striking paragraphs (1) and (2) and inserting

the following:

‘‘(1) APPROVAL.—The Secretary shall review the design and

construction activities for all features of the hydroelectric

project that pertain to and affect stability of the dam and

control the release of water from Bluestone Dam to ensure

that the quality of construction of those features meets all

standards established for similar facilities constructed by the

Secretary.’’;

(B) by redesignating paragraph (3) as paragraph (2);

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2257

(C) by striking the period at the end of paragraph

(2) (as so redesignated) and inserting ‘‘, except that hydroelectric power is no longer a project purpose of the facility

so long as Tri-Cities Power Authority continues to exercise

its responsibilities as the builder, owner, and operator of

the hydropower facilities at Bluestone Dam. Water flow

releases and flood control from the hydropower facilities

shall be determined and directed by the Corps of Engineers.’’; and

(D) by adding at the end the following:

‘‘(3) COORDINATION.—Construction of the hydroelectric

generating facilities shall be coordinated with the dam safety

assurance project currently in the design and construction

phases.’’;

(8) in subsection (e) by striking ‘‘in accordance’’ and all

that follows through ‘‘58 Stat. 890)’’;

(9) in subsection (f)—

(A) by striking ‘‘facility of the interconnected systems

of reservoirs operated by the Secretary’’ each place it

appears and inserting ‘‘facilities under construction under

such agreements’’; and

(B) by striking ‘‘design’’ and inserting ‘‘planning,

design’’;

(10) in subsection (f)(2)—

(A) by ‘‘Secretary’’ each place it appears and inserting

‘‘Tri-Cities Power Authority’’; and

(B) by striking ‘‘facilities referred to in subsection (a)’’

and inserting ‘‘such facilities’’;

(11) by striking paragraph (1) of subsection (g) and

inserting the following:

‘‘(1) to arrange for the transmission of power to the market

or to construct such transmission facilities as necessary to

market the power produced at the facilities referred to in subsection (a) with funds contributed by the Tri-Cities Power

Authority; and’’;

(12) in subsection (g)(2) by striking ‘‘such facilities’’ and

all that follows through ‘‘the Secretary’’ and inserting ‘‘the

generating facility’’; and

(13) by adding at the end the following:

‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In this section,

the ‘Tri-Cities Power Authority’ refers to the entity established

by the City of Hinton, West Virginia, the City of White Sulphur

Springs, West Virginia, and the City of Philippi, West Virginia,

pursuant to a document entitled ‘Second Amended and Restated

Intergovernmental Agreement’ approved by the Attorney General

of West Virginia on February 14, 2002.’’.

SEC. 123. (a) IN GENERAL.—

(1) After the date of enactment of this Act, the Secretary

of the Army shall carry out the project for wastewater infrastructure, DeSoto County, Mississippi, authorized by section

219(f)(30) of Public Law 102–580, as amended, in accordance

with the provisions of this subsection.

(2) The non-Federal interest shall be primarily responsible

for carrying out work on the project referred to in paragraph

(1) that is not covered by the Project Cooperation Agreement

executed on May 13, 2002 or any amendments thereto,

including work associated with the design, construction,

Mississippi.

119 STAT. 2258 PUBLIC LAW 109–103—NOV. 19, 2005

management, and administration of the project. The non-Federal interest may carry out work on the project subject to

obtaining any permits required pursuant to Federal and State

laws and subject to general supervision and administrative

oversight by the Secretary of the Army.

(3) The Federal share of project costs incurred by the

non-Federal interest in carrying out work on the project as

provided for in paragraph (2) shall equal 75 percent of the

total cost of the work and shall be in the form of grants

or reimbursements, except that the total amount of Federal

funds available for the project, including that portion of the

project carried out as provided for in paragraph (2), may not

exceed $55,000,000.

(b) TECHNICAL AMENDMENT.—Section 6006 of the Emergency

Supplemental Appropriations Act, 2005 (119 Stat. 282) is amended

by striking ‘‘between May 13, 2002, and September 30, 2005’’ and

inserting ‘‘after May 13, 2002’’ in lieu thereof.

SEC. 124. The project for flood control, Las Vegas Wash and

Tributaries (Flamingo and Tropicana Washes), Nevada, authorized

by section 101(13) of Public Law 102–580 and modified by Public

Law 108–7 (H.J. Res. 2) Consolidated Appropriations Resolution,

2003, section 107 is further modified to provide that the costs

incurred for design and construction of the project channel crossings

in the reach of the channels from Shelbourne Avenue proceeding

north along the alignment of Durango Drive and continuing east

along the Southern Beltway to Martin Avenue shall be added to

the authorized cost of the project and such costs shall be cost

shared and shall not be considered part of the non-Federal sponsor’s

responsibility to provide lands, easements, and rights-of-way, and

to perform relocations for the project.

SEC. 125. RESTORATION OF THE LAKE MICHIGAN WATERFRONT

AND RELATED AREAS, LAKE AND PORTER COUNTIES, INDIANA.—The

Secretary of the Army, acting through the Chief of Engineers is

authorized and directed to carry out a continuing program for

the restoration of the Lake Michigan Waterfront and Related Areas,

Lake and Porter Counties, Indiana.

(1) DEFINITIONS.—

(A) Related areas are defined as adjacent or close sites

that have an impact or influence on the waterfront areas

or aquatic habitat.

(B) Restore is defined as—

(i) activities that improve a site’s ecosystem function, structure, and dynamic processes to a less

degraded and more natural condition, and/or

(ii) the management of contaminants that allow

the site to be safely used for ecological and/or economic

purposes.

(2) JUSTIFICATION.—Projects can be justified by ecosystem

benefits, clean-up of contaminated sites, public health, safety,

economic benefits or any combination of these. Sites restored

for economic purposes can be redeveloped by others. Restoration

sites may include compatible recreation facilities that do not

diminish the restoration purpose and do not increase the Federal cost share by more than 10 percent.

(3) COST SHARING.—The construction of projects are cost

shared at 65 percent Federal and 35 percent non-Federal except

when there is a demonstration of innovative technology. The

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2259

cost share is then 85 percent Federal and 15 percent nonFederal.

(4) CREDIT.—

(A) The Secretary shall credit the non-Federal interest

for the value of any lands, easements, rights-of-way, relocations, excavated and/or dredged material disposal areas

required for carrying out a project. When the cost of the

provision of all lands, easements, rights-of-way, relocations,

excavated and/or dredged material disposal areas exceeds

the non-Federal share, as identified in paragraph (3), the

non-Federal interest may waive any right under Federal

cost-sharing policy to receive cash reimbursement for any

such value in excess of the non-Federal share as identified

in paragraph (3).

(B) The non-Federal interest may provide up to 100

percent of the non-Federal share required under paragraph

(3) in the form of services, materials, supplies, or other

in-kind contributions including monies paid pursuant to,

or the value of any in-kind service performed under, an

administrative order on consent or jurisdictional consent

decree but may not include any monies paid pursuant

to, or the value of any in-kind service performed under,

a unilateral administrative order or court order.

(C) The total of non-Federal credit for services, materials, supplies, or other in-kind contributions when combined with lands, easements, rights-of-way, relocations,

excavated and/or dredged material disposal areas shall not

exceed the non-Federal share identified in paragraph (3).

(5) OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND

REHABILITATION.—Operation, maintenance, repair, replacement

and rehabilitation is 100 percent non-Federal cost.

(6) HOLD HARMLESS.—Non-Federal interests hold and save

harmless the United States free from claims or damages due

to implementation of the project except for negligence of the

government.

(7) AUTHORIZED APPROPRIATIONS.—There is authorized to

be appropriated to carry out this program $20,000,000 for each

fiscal year.

SEC. 126. CHESAPEAKE BAY OYSTER RESTORATION, MARYLAND

AND VIRGINIA.—The second sentence of section 704(b) of the Water

Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended

by striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’.

SEC. 127. The project for flood control, Little Calumet River,

Indiana, authorized by section 401(a) of Public Law 99–662 (100

Stat. 4115) is modified to authorize the Secretary of the Army

to complete the project in accordance with the post authorization

change report dated August 2000 at a total cost of $198,000,000

with an estimated Federal cost of $148,500,000 and an estimated

non-Federal cost of $49,500,000.

SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA (FOLSOM

DAM AND PERMANENT BRIDGE).—(a) COORDINATION OF FLOOD DAM- AGE REDUCTION AND DAM SAFETY.—The Secretary of the Army

and the Secretary of the Interior are directed to collaborate on

authorized activities to maximize flood damage reduction improvements and address dam safety needs at Folsom Dam and Reservoir,

California. The Secretaries shall expedite technical reviews for flood

damage reduction and dam safety improvements. In developing

119 STAT. 2260 PUBLIC LAW 109–103—NOV. 19, 2005

improvements under this section, the Secretaries shall consider

reasonable modifications to existing authorized activities, including

a potential auxiliary spillway. In conducting such activities, the

Secretaries are authorized to expend funds for coordinated technical

reviews and joint planning, and preliminary design activities.

(b) SECRETARY’S ROLE.—Section 134 of Public Law 108–137

(117 Stat. 1842) is modified to read as follows:

‘‘SEC. 134. BRIDGE AUTHORIZATION.

‘‘There is authorized to be appropriated to the Secretary of

the Army $30,000,000 for the construction of the permanent bridge

described in section 128(a), above the $36,000,000 provided for

in the recommended plan for bridge construction. The $30,000,000

shall not be subject to cost sharing requirements with non-Federal

interests.’’.

(c) CONFORMING CHANGE.—Section 128(a) of Public Law 108–

137 (117 Stat. 1838) is modified by deleting ‘‘above the $36,000,000

provided for in the recommended plan for bridge construction,’’

and inserting in lieu thereof the following: ‘‘above the sum of the

$36,000,000 provided for in the recommended plan for bridge

construction and the amount authorized to be appropriated by

section 134, as amended,’’.

(d) MAXIMUM COST OF PROJECT.—The costs cited in subsections

(b) and (c) shall be adjusted to allow for increases pursuant to

section 902 of Public Law 99–662 (100 Stat. 4183). For purposes

of making adjustments pursuant to this subsection, the date of

authorization of the bridge project shall be December 1, 2003.

(e) EXPEDITED CONSTRUCTION.—The Secretary, in coordination

with the Secretary of the Interior and affected non-Federal officials

(including the City of Folsom, California), shall expedite construction of a new bridge and associated roadway authorized in Public

Law 108–137. The Secretary, to the extent practicable, may construct such work in a manner that is compatible with the design

and construction of authorized projects for flood damage reduction

and dam safety. The Secretary and the Secretary of the Interior

shall expedite actions under their respective jurisdictions to facilitate timely completion of construction.

(f) REPORT TO CONGRESS.—The Secretary of the Army, in consultation with the Secretary of the Interior and non-Federal

interests, shall report to Congress within ninety days of the date

of enactment of this Act, and at four-month intervals thereafter,

on the status and schedule of planning, design and construction

activity.

SEC. 129. JACKSONVILLE HARBOR, FLORIDA.—(a) The project

for navigation, Jacksonville Harbor, Florida, authorized by section

101(a)(17) of the Water Resources Development Act of 1999 (113

Stat. 276), is modified to authorize the Secretary to extend the

navigation features in accordance with the Report of the Chief

of Engineers, dated July 22, 2003, at a total cost of $14,658,000,

with an estimated Federal cost of $9,636,000 and an estimated

non-Federal cost of $5,022,000.

(b) The non-Federal share of the costs of the General Reevaluation Reports on the Jacksonville Harbor which were begun prior

to August 2004, shall be consistent with the non-Federal costs

in implementing the overall construction project.

Effective date.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2261

SEC. 130. Section 594(g) of the Water Resources Development Act of 1999 (113 Stat. 383) is amended by striking ‘‘$60,000,000’’

and inserting ‘‘$240,000,000’’.

SEC. 131. ONONDAGA LAKE, NEW YORK.—Section 573 of the

Water Resources Development Act of 1999 (113 Stat. 372) is

amended—

(1) in subsection (f) by striking ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’;

(2) by redesignating subsections (f) and (g) as subsections

(g) and (h), respectively; and

(3) by inserting after subsection (e) the following:

‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of

the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any

project carried out under this section, a non-Federal interest may

include a nonprofit entity, with the consent of the affected local

government.’’.

SEC. 132. WHITE RIVER BASIN, ARKANSAS.—(a) MINIMUM

FLOWS.—

(1) IN GENERAL.—The Secretary is authorized and directed

to implement alternatives BS–3 and NF–7, as described in

the White River Minimum Flows Reallocation Study Report,

Arkansas and Missouri, dated July 2004.

(2) COST SHARING AND ALLOCATION.—Reallocation of storage and planning, design and construction of White River Minimum Flows project facilities shall be considered fish and wildlife enhancement that provides national benefits and shall be

a Federal expense in accordance with section 906(e) of the

Water Resources Development Act of 1986 (33 U.S.C. 2283(e)).

The non-Federal interests shall provide relocations or modifications to public and private lakeside facilities at Bull Shoals

Lake and Norfork Lake to allow reasonable continued use of

the facilities with the storage reallocation as determined by

the Secretary in consultation with the non-Federal interests.

Operations and maintenance costs of the White River Minimum

Flows project facilities shall be 100 percent Federal. All Federal

costs for the White River Minimum Flows project shall be

considered non-reimbursable.

(3) IMPACTS ON NON-FEDERAL PROJECT.—The Administrator

of Southwestern Power Administration, in consultation with

the project licensee and the relevant state public utility commissions, shall determine any impacts on electric energy and

capacity generated at Federal Energy Regulatory Commission

Project No. 2221 caused by the storage reallocation at Bull

Shoals Lake, based on data and recommendations provided

by the relevant state public utility commissions. The licensee

of Project No. 2221 shall be fully compensated by the Corps

of Engineers for those impacts on the basis of the present

value of the estimated future lifetime replacement costs of

the electrical energy and capacity at the time of implementation

of the White River Minimum Flows project. Such costs shall

be included in the costs of implementing the White River Minimum Flows project and allocated in accordance with subsection

(a)(2) above.

(4) OFFSET.—In carrying out this subsection, losses to the

Federal hydropower purpose of the Bull Shoals and Norfork

Projects shall be offset by a reduction in the costs allocated

to the Federal hydropower purpose. Such reduction shall be

119 STAT. 2262 PUBLIC LAW 109–103—NOV. 19, 2005

determined by the Administrator of the Southwestern Power

Administration on the basis of the present value of the estimated future lifetime replacement cost of the electrical energy

and capacity at the time of implementation of the White River

Minimum Flows project.

(b) FISH HATCHERY.—In constructing, operating, and

maintaining the fish hatchery at Beaver Lake, Arkansas, authorized

by section 105 of the Water Resources Development Act of 1976

(90 Stat. 2921), losses to the Federal hydropower purpose of the

Beaver Lake Project shall be offset by a reduction in the costs

allocated to the Federal hydropower purpose. Such reduction shall

be determined by the Administrator of the Southwestern Power

Administration based on the present value of the estimated future

lifetime replacement cost of the electrical energy and capacity at

the time operation of the hatchery begins.

(c) REPEAL.—Section 374 of the Water Resources Development

Act of 1999 (113 Stat. 321) and section 304 of the Water Resources

Development Act of 2000 (Public Law 106–541) are repealed.

SEC. 133. CALCASIEU SHIP CHANNEL, LOUISIANA. (a) IN GENERAL.—At such time as Pujo Heirs and Westland Corporation convey

all right, title, and interest in and to the real property described

in paragraph (b)(1) to the United States, the Secretary shall convey

all right, title, and interest of the United States in and to the

real property described in paragraph (b)(2) to Pujo Heirs and

Westland Corporation.

(b) LAND DESCRIPTION.—The parcels of land referred to in

paragraph (a) are the following:

(1) NON-FEDERAL INTEREST IN LAND.—An easement for

placement of dredged materials over a contiguous equivalent

area to the real property described in subparagraph (2). The

parcels on which such an easement may be exchanged is all

of the area within the diked or confined boundaries of the

Corps of Engineers Dredge Material Placement Area M comprising Tract 128E, Tract 129E, Tract 131E, Tract 41A, Tract

42, Tract 132E, Tract 130E, Tract 134E, Tract 133E–3, Tract

140E, or some combination thereof.

(2) FEDERAL INTEREST IN LAND.—An easement for placement of dredged materials over an area in Cameron Parish,

Louisiana, known as portions of Government Tract Numbers

139E–2 and 48 (both tracts on the west shore of the Calcasieu

Ship Channel), and other tracts known as Corps of Engineers

Dredge Material Placement Area O.

(c) CONDITIONS.—The exchange of real property under paragraph (1) shall be subject to the following conditions:

(1) DEEDS.—

(A) NON-FEDERAL LAND.—The conveyance of the real

property described in paragraph (b)(1) to the Secretary

shall be by a warranty deed acceptable to the Secretary.

(B) FEDERAL LAND.—The conveyance of the real property described in paragraph (b)(2) to Pujo Heirs and

Westland Corporation shall be by a quitclaim deed.

(2) TIME LIMIT FOR EXCHANGE.—The land exchange under

paragraph (a) shall be completed not later than six months

after the date of enactment of this Act.

(3) INCREMENTAL COSTS.—As determined by the Secretary,

incremental costs to the Lake Charles Harbor and Terminal

District associated with the preparation of the area and the

114 Stat. 2601.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2263

placement of dredge material in the new disposal easement

area, paragraph (b)(1), including, site preparation costs, associated testing, permitting, mitigation and diking costs associated

with such new disposal easement over the costs that would

have been incurred in the placement of dredge material in

the old disposal easement area, paragraph (b)(2) (comprising

all of Corps of Engineers Dredge Material Placement Area

O) up to the disposal capacity equivalent of the property

described in paragraph (b)(2), shall be made available by the

Owners. Owners shall make appropriated guarantees, as agreed

to by the Secretary, that funds will be available as needed

to cover such incremental costs. The Lake Charles Harbor

and Terminal District, as local sponsor for the Calcasieu Ship

Channel Project, shall not be assessed or caused to incur any

costs arising out of, associated with or as a consequence of

the land exchange authorized under paragraph (a).

(d) VALUE OF PROPERTIES.—If the appraised fair market value,

as determined by the Secretary, of the real property conveyed

to Pujo Heirs and Westland Corporation by the Secretary under

paragraph (a) exceeds the appraised fair market value, as determined by the Secretary, of the real property conveyed to the United

States by Pujo Heirs and Westland Corporation under paragraph

(a), Pujo Heirs and Westland Corporation shall make a payment

to the United States equal to the excess in cash or a cash equivalent

that is satisfactory to the Secretary.

SEC. 134. PROJECT MODIFICATION.—(a) IN GENERAL.—The

project for flood damage reduction, environmental restoration, recreation, Johnson Creek, Arlington, Texas, authorized by section

101(b)(14) of the Water Resources Development Act of 1999 (113

Stat. 280–281) is modified—

(1) to deauthorize the ecosystem restoration portion of the

project that consists of approximately 90 acres of land located

between Randol Mill and the Union Pacific East/West line;

and

(2) to authorize the Secretary of the Army to design and

construct an ecosystem restoration project on lands identified

in subsection (c) that will provide the same or greater level

of national ecosystem restoration benefits as the portion of

the project described in paragraph (1).

(b) CREDIT TOWARD FEDERAL SHARE.—The Secretary of the

Army shall credit toward the Federal share of the cost of the

modified project the costs incurred by the Secretary to carry out

the project as originally authorized under section 101(b)(14) of

the Water Resources Development Act of 1999 (113 Stat. 280).

The non-Federal interest shall not be responsible for reimbursing

the Secretary for any amount credited under this subsection.

(c) COMPARABLE PROPERTY.—Not later than 6 months after

the date of enactment of this Act, the City of Arlington, Texas,

shall identify lands, acceptable to the Secretary of the Army,

amounting to not less than 90 acres within the City, where an

ecosystem restoration project may be constructed to provide the

same or greater level of National ecosystem restoration benefits

as the land described in subsection (a)(1).

SEC. 135. Funds made available in Public Law 105–62 and

Public Law 105–245 for Hudson River, Athens, New York, shall

be available for projects in the Catskill/Delaware watersheds in

Delaware and Greene Counties, New York, under the authority

Deadline.

Texas.

119 STAT. 2264 PUBLIC LAW 109–103—NOV. 19, 2005

of the New York City Watershed Environmental Assistance Program.

SEC. 136. None of the funds contained in title I of this Act

shall be available to permanently reassign or to temporarily

reassign in excess of 180 days personnel from the Charleston,

South Carolina district office: Provided, That this limitation shall

not apply to voluntary change of station.

SEC. 137. The Secretary of the Army, acting through the Chief

of Engineers, is hereby authorized and directed to design and construct until hereafter completed, the recreation and access features

designated as Phase II of the Louisville Waterfront Park, Kentucky,

as described in the Louisville Waterfront Park, Phases II and III,

Detailed Project Report, by the Louisville District of the Corps

of Engineers dated May 2002. The project shall be cost shared

50 percent Federal and 50 percent non-Federal. The cost of project

work undertaken by the non-Federal interests, including but not

limited to prior planning, design, and construction, shall be credited

toward the non-Federal share of project design and construction

costs.

SEC. 138. AKUTAN, ALASKA.—(a) IN GENERAL.—The Secretary

of the Army is authorized to carry out the project for navigation,

Akutan, Alaska, substantially in accordance with the plans, and

subject to the conditions, described in the Report of the Chief

of Engineers dated December 20, 2004, at a total cost of $19,700,000.

(b) TREATMENT OF CERTAIN DREDGING.—The headlands

dredging for the mooring basin shall be considered a general navigation feature for purposes of estimating the non-Federal share of

the cost of the project.

SEC. 139. (a) IN GENERAL.—The project for the beneficial use

of dredged material at Poplar Island, Maryland, authorized by

section 537 of the Water Resources Development Act of 1996 (110

Stat. 3776) shall be known as and designated as the ‘‘Paul S.

Sarbanes Ecosystem Restoration Project at Poplar Island’’.

(b) REFERENCE.—Any reference in a law, map, regulation, document, paper or other record of the United States (including reference

by the Corps of Engineers) to the project referred to in subsection

(a) shall be deemed to be a reference to the ‘‘Paul S. Sarbanes

Ecosystem Restoration Project at Poplar Island’’.

(c) EFFECTIVE DATE.—The project designation in this section

shall become effective on January 4, 2007.

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah

Project Completion Act, $32,614,000, to remain available until

expended, of which $946,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah

Reclamation Mitigation and Conservation Commission.

In addition, for necessary expenses incurred in carrying out

related responsibilities of the Secretary of the Interior, $1,736,000,

to remain available until expended.

Designation.

Maryland.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2265

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute

authorized functions of the Bureau of Reclamation:

WATER AND RELATED RESOURCES

(INCLUDING TRANSFER OF FUNDS)

For management, development, and restoration of water and

related natural resources and for related activities, including the

operation, maintenance, and rehabilitation of reclamation and other

facilities, participation in fulfilling related Federal responsibilities

to Native Americans, and related grants to, and cooperative and

other agreements with, State and local governments, Indian tribes,

and others, $883,514,000, to remain available until expended, of

which $59,544,000 shall be available for transfer to the Upper

Colorado River Basin Fund and $21,998,000 shall be available

for transfer to the Lower Colorado River Basin Development Fund;

of which such amounts as may be necessary may be advanced

to the Colorado River Dam Fund; of which not more than $500,000

is for high priority projects which shall be carried out by the

Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided, That such transfers may be increased or decreased within

the overall appropriation under this heading: Provided further, That

of the total appropriated, the amount for program activities that

can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l–6a(i) shall

be derived from that Fund or account: Provided further, That funds

contributed under 43 U.S.C. 395 are available until expended for

the purposes for which contributed: Provided further, That funds

advanced under 43 U.S.C. 397a shall be credited to this account

and are available until expended for the same purposes as the

sums appropriated under this heading: Provided further, That funds

available for expenditure for the Departmental Irrigation Drainage

Program may be expended by the Bureau of Reclamation for site

remediation on a non-reimbursable basis: Provided further, That

$500,000 of the funds provided herein shall be used on a nonreimbursible basis to fund the collection of technical and environmental data to be used to evaluate potential rehabilitation of the

St. Mary Storage Unit facilities, Milk River Project, Montana, and

that Reclamation shall enter into cooperative agreements with the

State of Montana or the Blackfeet Tribe to carry out such work

if the Secretary determines such agreements would be cost-effective

and efficient.

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, and habitat

restoration, improvement, and acquisition provisions of the Central

Valley Project Improvement Act, $52,219,000, to be derived from

such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and

3406(c)(1) of Public Law 102–575, to remain available until

expended: Provided, That the Bureau of Reclamation is directed

to assess and collect the full amount of the additional mitigation

and restoration payments authorized by section 3407(d) of Public

119 STAT. 2266 PUBLIC LAW 109–103—NOV. 19, 2005

Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing

of water for in-stream purposes if the water is already committed

to in-stream purposes by a court adopted decree or order.

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFER OF FUNDS)

For carrying out activities authorized by the Water Supply,

Reliability, and Environmental Improvement Act, consistent with

plans to be approved by the Secretary of the Interior, $37,000,000,

to remain available until expended, of which such amounts as

may be necessary to carry out such activities may be transferred

to appropriate accounts of other participating Federal agencies to

carry out authorized purposes: Provided, That funds appropriated

herein may be used for the Federal share of the costs of CALFED

Program management: Provided further, That the use of any funds

provided to the California Bay-Delta Authority for program-wide

management and oversight activities shall be subject to the approval

of the Secretary of the Interior: Provided further, That CALFED

implementation shall be carried out in a balanced manner with

clear performance measures demonstrating concurrent progress in

achieving the goals and objectives of the Program: Provided further,

That $500,000 shall be transferred to the Army Corps of Engineers

to carry out the report on levee stability reconstruction projects

and priorities authorized under section 103(f)(3) of Public Law

108–361.

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related

functions in the office of the Commissioner, the Denver office,

and offices in the five regions of the Bureau of Reclamation, to

remain available until expended, $57,917,000, to be derived from

the Reclamation Fund and be nonreimbursable as provided in 43

U.S.C. 377: Provided, That no part of any other appropriation

in this Act shall be available for activities or functions budgeted

as policy and administration expenses.

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available

for purchase of not to exceed 14 passenger motor vehicles, of which

11 are for replacement only.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds appropriated or otherwise

made available by this Act may be used to determine the final

point of discharge for the interceptor drain for the San Luis Unit

until development by the Secretary of the Interior and the State

of California of a plan, which shall conform to the water quality

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any

detrimental effect of the San Luis drainage waters.

(b) The costs of the Kesterson Reservoir Cleanup Program

and the costs of the San Joaquin Valley Drainage Program shall

be classified by the Secretary of the Interior as reimbursable or

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2267

nonreimbursable and collected until fully repaid pursuant to the

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San

Joaquin Valley Drainage Program, February 1995’’, prepared by

the Department of the Interior, Bureau of Reclamation. Any future

obligations of funds by the United States relating to, or providing

for, drainage service or drainage studies for the San Luis Unit

shall be fully reimbursable by San Luis Unit beneficiaries of such

service or studies pursuant to Federal reclamation law.

SEC. 202. None of the funds appropriated or otherwise made

available by this or any other Act may be used to pay the salaries

and expenses of personnel to purchase or lease water in the Middle

Rio Grande or the Carlsbad Projects in New Mexico unless said

purchase or lease is in compliance with the purchase requirements

of section 202 of Public Law 106–60.

SEC. 203. (a) Section 1(a) of the Lower Colorado Water Supply

Act (Public Law 99–655) is amended by adding at the end the

following: ‘‘The Secretary is authorized to enter into an agreement

or agreements with the city of Needles or the Imperial Irrigation

District for the design and construction of the remaining stages

of the Lower Colorado Water Supply Project on or after November

1, 2004, and the Secretary shall ensure that any such agreement

or agreements include provisions setting forth: (1) the responsibilities of the parties to the agreement for design and construction;

(2) the locations of the remaining wells, discharge pipelines, and

power transmission lines; (3) the remaining design capacity of up

to 5,000 acre-feet per year which is the authorized capacity less

the design capacity of the first stage constructed; (4) the procedures

and requirements for approval and acceptance by the Secretary

of the remaining stages, including approval of the quality of

construction, measures to protect the public health and safety,

and procedures for protection of such stages; (5) the rights, responsibilities, and liabilities of each party to the agreement; and (6)

the term of the agreement.’’.

(b) Section 2(b) of the Lower Colorado Water Supply Act (Public

Law 99–655) is amended by adding at the end the following: ‘‘Subject to the demand of such users along or adjacent to the Colorado

River for Project water, the Secretary is further authorized to

contract with additional persons or entities who hold Boulder

Canyon Project Act section 5 contracts for municipal and industrial

uses within the State of California for the use or benefit of Project

water under such terms as the Secretary determines will benefit

the interest of Project users along the Colorado River.’’.

SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water

priority allocation. Such leases may be entered into with an option

to purchase: Provided, That such purchase is approved by the

State in which the purchase takes place and the purchase does

not cause economic harm within the State in which the purchase

is made.

SEC. 205. The Secretary of the Interior, acting through the

Commissioner of the Bureau of Reclamation, is authorized to enter

into grants, cooperative agreements, and other agreements with

irrigation or water districts and States to fund up to 50 percent

Grants.

Contracts.

100 Stat. 3665.

100 Stat. 3665.

Contracts.

New Mexico.

119 STAT. 2268 PUBLIC LAW 109–103—NOV. 19, 2005

of the cost of planning, designing, and constructing improvements

that will conserve water, increase water use efficiency, or enhance

water management through measurement or automation, at

existing water supply projects within the States identified in the

Act of June 17, 1902, as amended, and supplemented: Provided,

That when such improvements are to federally owned facilities,

such funds may be provided in advance on a non-reimbursable

basis to an entity operating affected transferred works or may

be deemed non-reimbursable for non-transferred works: Provided

further, That the calculation of the non-Federal contribution shall

provide for consideration of the value of any in-kind contributions,

but shall not include funds received from other Federal agencies:

Provided further, That the cost of operating and maintaining such

improvements shall be the responsibility of the non-Federal entity:

Provided further, That this section shall not supercede any existing

project-specific funding authority: Provided further, That the Secretary is also authorized to enter into grants or cooperative agreements with universities or non-profit research institutions to fund

water use efficiency research.

SEC. 206. WATER DESALINATION ACT.—Section 8 of Public Law

104–298 (The Water Desalination Act of 1996) (110 Stat. 3624)

as amended by section 210 of Public Law 108–7 (117 Stat. 146)

and by section 6015 of Public Law 109–13 is amended by—

(1) in paragraph (a) by striking ‘‘2005’’ and inserting in

lieu thereof ‘‘2006’’; and

(2) in paragraph (b) by striking ‘‘2005’’ and inserting in

lieu thereof ‘‘2006’’.

SEC. 207. Section 17(b) of the Colorado Ute Indian Water Rights

Settlement Act of 1988 as amended (Public Law 100–585, 102

Stat. 2973; Public Law 106–554, 114 Stat. 2763A–266) is amended

by striking ‘‘within 7 years’’ and all that follows through ‘‘following

the date of enactment of this section’’ and inserting ‘‘for each of

fiscal years 2006 through 2012’’.

SEC. 208. (a)(1) Using amounts made available under section

2507 of the Farm and Security Rural Investment Act of 2002

(43 U.S.C. 2211 note; Public Law 107–171), the Secretary shall

provide not more than $70,000,000 to the University of Nevada—

(A) to acquire from willing sellers land, water appurtenant

to the land, and related interests in the Walker River Basin,

Nevada; and

(B) to establish and administer an agricultural and natural

resources center, the mission of which shall be to undertake

research, restoration, and educational activities in the Walker

River Basin relating to—

(i) innovative agricultural water conservation;

(ii) cooperative programs for environmental restoration;

(iii) fish and wildlife habitat restoration; and

(iv) wild horse and burro research and adoption marketing.

(2) In acquiring interests under paragraph (1)(A), the University

of Nevada shall make acquisitions that the University determines

are the most beneficial to—

(A) the establishment and operation of the agricultural

and natural resources research center authorized under paragraph (1)(B); and

(B) environmental restoration in the Walker River Basin.

42 USC 10301

note.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2269

(b)(1) Using amounts made available under section 2507 of

the Farm and Security Rural Investment Act of 2002 (43 U.S.C.

2211 note; Public Law 107–171), the Secretary shall provide not

more than $10,000,000 for a water lease and purchase program

for the Walker River Paiute Tribe.

(2) Water acquired under paragraph (1) shall be—

(A) acquired only from willing sellers;

(B) designed to maximize water conveyances to Walker

Lake; and

(C) located only within the Walker River Paiute Indian

Reservation.

(c) Using amounts made available under section 2507 of the

Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211

note; Public Law 107–171), the Secretary, acting through the

Commissioner of Reclamation, shall provide—

(1) $10,000,000 for tamarisk eradication, riparian area restoration, and channel restoration efforts within the Walker

River Basin that are designed to enhance water delivery to

Walker Lake, with priority given to activities that are expected

to result in the greatest increased water flows to Walker Lake;

and

(2) $5,000,000 to the United States Fish and Wildlife

Service, the Walker River Paiute Tribe, and the Nevada Division of Wildlife to undertake activities, to be coordinated by

the Director of the United States Fish and Wildlife Service,

to complete the design and implementation of the Western

Inland Trout Initiative and Fishery Improvements in the State

of Nevada with an emphasis on the Walker River Basin.

(d) For each day after June 30, 2006, on which the Bureau

of Reclamation fails to comply with subsections (a), (b), and (c),

the total amount made available for salaries and expenses of the

Bureau of Reclamation shall be reduced by $100,000 per day.

SEC. 209. (a) The Secretary of the Interior is authorized to

complete a special report to update the analysis of costs and associated benefits of the Auburn-Folsom South Unit, Central Valley

Project, California authorized under Federal reclamation laws and

the Act of September 2, 1965, Public Law 89–161, 79 Stat. 615

in order to—

(1) identify those project features that are still relevant;

(2) identify changes in benefit values from previous analyses and update to current levels;

(3) identify design standard changes from the 1978 Reclamation design which require updated project engineering;

(4) assess risks and uncertainties associated with the 1978

Reclamation design;

(5) update design and reconnaissance-level cost estimate

for features identified under paragraph (1); and

(6) perform other analyses that the Secretary deems appropriate to assist in the determination of whether a full feasibility

study is warranted.

(b) There are authorized to be appropriated $1,000,000 to carry

out this section. The cost of completing this update shall be nonreimbursable.

Reports.

Effective date.

119 STAT. 2270 PUBLIC LAW 109–103—NOV. 19, 2005

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY AND CONSERVATION

For Department of Energy expenses including the purchase,

construction, and acquisition of plant and capital equipment, and

other expenses necessary for energy supply and energy conservation

activities in carrying out the purposes of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition

or condemnation of any real property or any facility or for plant

or facility acquisition, construction, or expansion, $1,830,936,000,

to remain available until expended.

CLEAN COAL TECHNOLOGY

(DEFERRAL AND RESCISSION)

Of the funds made available under this heading for obligation

in prior years, $257,000,000 shall not be available until October

1, 2006: Provided, That funds made available in previous appropriations Acts shall be made available for any ongoing project regardless

of the separate request for proposal under which the project was

selected: Provided further, That $20,000,000 of uncommitted balances is rescinded.

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the

acquisition of interest, including defeasible and equitable interests

in any real property or any facility or for plant or facility acquisition

or expansion, the hire of passenger motor vehicles, the hire, maintenance, and operation of aircraft, the purchase, repair, and cleaning

of uniforms, the reimbursement to the General Services Administration for security guard services, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603),

$597,994,000, to remain available until expended, of which

$18,000,000 is to continue a multi-year project coordinated with

the private sector for FutureGen, without regard to the terms

and conditions applicable to clean coal technological projects: Provided, That the initial planning and research stages of the

FutureGen project shall include a matching requirement from nonFederal sources of at least 20 percent of the costs: Provided further,

That any demonstration component of such project shall require

a matching requirement from non-Federal sources of at least 50

percent of the costs of the component: Provided further, That of

the amounts provided, $50,000,000 is available, after coordination

with the private sector, for a request for proposals for a Clean

Coal Power Initiative providing for competitively-awarded research,

development, and demonstration projects to reduce the barriers

to continued and expanded coal use: Provided further, That no

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2271

project may be selected for which sufficient funding is not available

to provide for the total project: Provided further, That funds shall

be expended in accordance with the provisions governing the use

of funds contained under the heading ‘‘Clean Coal Technology’’

in 42 U.S.C. 5903d as well as those contained under the heading

‘‘Clean Coal Technology’’ in prior appropriations: Provided further, That the Department may include provisions for repayment of

Government contributions to individual projects in an amount up

to the Government contribution to the project on terms and conditions that are acceptable to the Department including repayments

from sale and licensing of technologies from both domestic and

foreign transactions: Provided further, That such repayments shall

be retained by the Department for future coal-related research,

development and demonstration projects: Provided further, That

any technology selected under this program shall be considered

a Clean Coal Technology, and any project selected under this program shall be considered a Clean Coal Technology Project, for

the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60

of title 40 of the Code of Federal Regulations: Provided further, That no part of the sum herein made available shall be used

for the field testing of nuclear explosives in the recovery of oil

and gas: Provided further, That up to 4 percent of program direction

funds available to the National Energy Technology Laboratory may

be used to support Department of Energy activities not included

in this account: Provided further, That for fiscal year 2006 salaries

for Federal employees performing research and development activities at the National Energy Technology Laboratory can continue

to be funded from program accounts: Provided further, That the

Secretary of Energy is authorized to accept fees and contributions

from public and private sources, to be deposited in a contributed

funds account, and prosecute projects using such fees and contributions in cooperation with other Federal, State, or private agencies

or concerns: Provided further, That revenues and other moneys

received by or for the account of the Department of Energy or

otherwise generated by sale of products in connection with projects

of the Department appropriated under the Fossil Energy Research

and Development account may be retained by the Secretary of

Energy, to be available until expended, and used only for plant

construction, operation, costs, and payments to cost-sharing entities

as provided in appropriate cost-sharing contracts or agreements.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil

shale reserve activities, including the hire of passenger motor

vehicles, $21,500,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, unobligated funds

remaining from prior years shall be available for all naval petroleum

and oil shale reserve activities.

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under

the Settlement Agreement entered into by the United States and

the State of California on October 11, 1996, as authorized by section

3415 of Public Law 104–106, $48,000,000, for payment to the State

of California for the State Teachers’ Retirement Fund, of which

$46,000,000 will be derived from the Elk Hills School Lands Fund.

119 STAT. 2272 PUBLIC LAW 109–103—NOV. 19, 2005

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), including the hire of passenger

motor vehicles, the hire, maintenance, and operation of aircraft,

the purchase, repair, and cleaning of uniforms, the reimbursement

to the General Services Administration for security guard services,

$166,000,000, to remain available until expended.

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $86,176,000, to remain available until expended.

NON-DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses necessary for non-defense environmental cleanup

activities in carrying out the purposes of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition

or condemnation of any real property or any facility or for plant

or facility acquisition, construction, or expansion, and the purchase

of not to exceed six passenger motor vehicles, of which five shall

be for replacement only, $353,219,000, to remain available until

expended.

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment

facility decontamination and decommissioning, remedial actions,

and other activities of title II of the Atomic Energy Act of 1954,

as amended, and title X, subtitle A, of the Energy Policy Act

of 1992, $562,228,000, to be derived from the Fund, to remain

available until expended, of which $20,000,000 shall be available

in accordance with title X, subtitle A, of the Energy Policy Act

of 1992.

SCIENCE

For Department of Energy expenses including the purchase,

construction and acquisition of plant and capital equipment, and

other expenses necessary for science activities in carrying out the

purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.), including the acquisition or condemnation of any

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed forty-seven passenger motor vehicles for replacement only, including not to exceed

one ambulance and two buses, $3,632,718,000, to remain available

until expended.

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2273

amended (the ‘‘Act’’), including the acquisition of real property

or facility construction or expansion, $150,000,000, to remain available until expended, of which $100,000,000 shall be derived from

the Nuclear Waste Fund: Provided, That of the funds made available in this Act for Nuclear Waste Disposal, $2,000,000 shall be

provided to the State of Nevada solely for expenditures, other

than salaries and expenses of State employees, to conduct scientific

oversight responsibilities and participate in licensing activities

pursuant to the Act: Provided further, That notwithstanding the

lack of a written agreement with the State of Nevada under section

117(c) of the Nuclear Waste Policy Act of 1982, Public Law 97–

425, as amended, not less than $500,000 shall be provided to

Nye County, Nevada, for on-site oversight activities under section

117(d) of that Act: Provided further, That $7,500,000 shall be provided to affected units of local government, as defined in the Act,

to conduct appropriate activities and participate in licensing activities: Provided further, That 7.5 percent of the funds provided shall

be made available to affected units of local government in California

with the balance made available to affected units of local government in Nevada for distribution as determined by the Nevada

units of local government: Provided further, That notwithstanding

the provisions of chapters 65 and 75 of title 31, the Department

shall have no monitoring, auditing or other oversight rights or

responsibilities over amounts provided to affected units of local

government under this heading: Provided further, That the funds

for the State of Nevada shall be made available solely to the

Nevada Division of Emergency Management by direct payment

and units of local government by direct payment: Provided further,

That within 90 days of the completion of each Federal fiscal year,

the Nevada Division of Emergency Management and the Governor

of the State of Nevada shall provide certification to the Department

of Energy that all funds expended from such payments have been

expended for activities authorized by the Act and this Act: Provided

further, That failure to provide such certification shall cause such

entity to be prohibited from any further funding provided for similar

activities: Provided further, That none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative

action on any matter pending before Congress or a State legislature

or for lobbying activity as provided in 18 U.S.C. 1913; (2) used

for litigation expenses; or (3) used to support multi-State efforts

or other coalition building activities inconsistent with the restrictions contained in this Act: Provided further, That all proceeds

and recoveries realized by the Secretary in carrying out activities

authorized by the Act, including but not limited to, any proceeds

from the sale of assets, shall be available without further appropriation and shall remain available until expended: Provided further,

That no funds provided in this Act may be used to pursue repayment

or collection of funds provided in any fiscal year to affected units

of local government for oversight activities that had been previously

approved by the Department of Energy, or to withhold payment

of any such funds.

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes

of the Department of Energy Organization Act (42 U.S.C. 7101

Lobbying.

Deadline.

Certification.

119 STAT. 2274 PUBLIC LAW 109–103—NOV. 19, 2005

et seq.), including the hire of passenger motor vehicles and official

reception and representation expenses not to exceed $35,000,

$252,817,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated

amount of cost of work for others notwithstanding the provisions

of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That

such increases in cost of work are offset by revenue increases

of the same or greater amount, to remain available until expended:

Provided further, That moneys received by the Department for

miscellaneous revenues estimated to total $123,000,000 in fiscal

year 2006 may be retained and used for operating expenses within

this account, and may remain available until expended, as authorized by section 201 of Public Law 95–238, notwithstanding the

provisions of 31 U.S.C. 3302: Provided further, That the sum herein

appropriated shall be reduced by the amount of miscellaneous revenues received during 2006, and any related appropriated receipt

account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2006 appropriation

from the general fund estimated at not more than $129,817,000:

Provided further, That not later than 90 days after the date of

the enactment of this Act, the Secretary of Energy shall submit

to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report,

in unclassified form but with a classified appendix if necessary,

on the Department of Energy’s plan to bring security for Building

3019 at the Oak Ridge National Laboratory, Oak Ridge, Tennessee,

into full compliance with the Department’s Design Basis Threat

Policy: Provided further, That the report shall include—

(1) a detailed description of any element of the Department’s Design Basis Threat Policy that is not to be fully

addressed throughout the remaining lifetime of Building 3019;

(2) a detailed description of the security implementation

plan, including security personnel, perimeter detection capability, response capabilities, use of security technology, and

methods of meeting physical standoff requirements;

(3) a schedule with specific dates describing the milestones

to achieve compliance with the Department’s Design Basis

Threat Policy;

(4) a security management plan signed by the Secretary

of Energy specifying the program secretarial offices responsible

for implementing and funding the security program, including

any incremental funding requirements to upgrade security

levels for the period during the material handling and processing activities leading to complete disposition of the stored

inventory of special nuclear material; and

(5) the justification for failing to fully comply with the

Design Basis Threat Policy, if the Secretary does not intend

to implement a security program at Building 3019 that fully

complies with the Department’s Design Basis Threat requirements for new, continuing operations.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $42,000,000, to remain available until expended.

Deadline.

Reports.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2275

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other incidental expenses necessary for atomic energy defense

weapons activities in carrying out the purposes of the Department

of Energy Organization Act (42 U.S.C. 7101 et seq.), including

the acquisition or condemnation of any real property or any facility

or for plant or facility acquisition, construction, or expansion; and

the purchase of not to exceed 40 passenger motor vehicles, for

replacement only, including not to exceed two buses; $6,433,936,000,

to remain available until expended: Provided, That $81,350,000

is authorized to be appropriated for Project 01–D–124 HEU materials facility, Y–12 Plant, Oak Ridge, Tennessee: Provided further,

That $7,000,000 is authorized to be appropriated for Project 05–

D–140 Project engineering and design (PED), various locations.

DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other incidental expenses necessary for atomic energy defense,

defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.), including the acquisition or condemnation of any

real property or any facility or for plant or facility acquisition,

construction, or expansion, $1,631,151,000, to remain available until

expended.

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization

Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,

condemnation, construction, or otherwise) of real property, plant,

and capital equipment, facilities, and facility expansion,

$789,500,000, to remain available until expended.

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in

the National Nuclear Security Administration, including official

reception and representation expenses not to exceed $12,000,

$341,869,000, to remain available until expended.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense environmental

cleanup activities in carrying out the purposes of the Department

of Energy Organization Act (42 U.S.C. 7101 et seq.), including

119 STAT. 2276 PUBLIC LAW 109–103—NOV. 19, 2005

the acquisition or condemnation of any real property or any facility

or for plant or facility acquisition, construction, or expansion,

$6,192,371,000, to remain available until expended.

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses, necessary for atomic energy defense, other defense

activities, and classified activities, in carrying out the purposes

of the Department of Energy Organization Act (42 U.S.C. 7101

et seq.), including the acquisition or condemnation of any real

property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed ten passenger

motor vehicles for replacement only, including not to exceed two

buses; $641,998,000, to remain available until expended.

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $350,000,000,

to remain available until expended.

POWER MARKETING ADMINISTRATIONS

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund,

established pursuant to Public Law 93–454, are approved for official

reception and representation expenses in an amount not to exceed

$1,500. During fiscal year 2006, no new direct loan obligations

may be made.

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of electric power and energy, including

transmission wheeling and ancillary services pursuant to section

5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied

to the southeastern power area, $5,600,000, to remain available

until expended: Provided, That, notwithstanding 31 U.S.C. 3302,

up to $32,713,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase

power and wheeling expenses shall be credited to this account

as offsetting collections, to remain available until expended for

the sole purpose of making purchase power and wheeling expenditures.

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of marketing electric power and energy,

for construction and acquisition of transmission lines, substations

and appurtenant facilities, and for administrative expenses,

including official reception and representation expenses in an

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2277

amount not to exceed $1,500 in carrying out section 5 of the Flood

Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern

power administration, $30,166,000, to remain available until

expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to

$3,000,000 collected by the Southwestern Power Administration

pursuant to the Flood Control Act to recover purchase power and

wheeling expenses shall be credited to this account as offsetting

collections, to remain available until expended for the sole purpose

of making purchase power and wheeling expenditures.

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

other related activities including conservation and renewable

resources programs as authorized, including official reception and

representation expenses in an amount not to exceed $1,500;

$233,992,000, to remain available until expended, of which

$229,596,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appro- priated, $6,700,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided

further, That of the amount herein appropriated, $6,000,000 shall

be available until expended on a nonreimbursable basis to the

Western Area Power Administration for Topock-Davis-Mead Transmission Line Upgrades: Provided further, That notwithstanding

the provision of 31 U.S.C. 3302, up to $279,000,000 collected by

the Western Area Power Administration pursuant to the Flood

Control Act of 1944 and the Reclamation Project Act of 1939 to

recover purchase power and wheeling expenses shall be credited

to this account as offsetting collections, to remain available until

expended for the sole purpose of making purchase power and

wheeling expenditures.

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000,

to remain available until expended, and to be derived from the

Falcon and Amistad Operating and Maintenance Fund of the

Western Area Power Administration, as provided in section 423

of the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995.

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory

Commission to carry out the provisions of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including services as

authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,

and official reception and representation expenses not to exceed

$3,000, $220,400,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, not to exceed

$220,400,000 of revenues from fees and annual charges, and other

42 USC 7171

note.

119 STAT. 2278 PUBLIC LAW 109–103—NOV. 19, 2005

services and collections in fiscal year 2006 shall be retained and

used for necessary expenses in this account, and shall remain

available until expended: Provided further, That the sum herein

appropriated from the general fund shall be reduced as revenues

are received during fiscal year 2006 so as to result in a final

fiscal year 2006 appropriation from the general fund estimated

at not more than $0.

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

SEC. 301. (a)(1) None of the funds in this or any other appropriations Act for fiscal year 2006 or any previous fiscal year may

be used to make payments for a noncompetitive management and

operating contract unless the Secretary of Energy has published

in the Federal Register and submitted to the Committees on Appropriations of the House of Representatives and the Senate a written

notification, with respect to each such contract, of the Secretary’s

decision to use competitive procedures for the award of the contract,

or to not renew the contract, when the term of the contract expires.

(2) Paragraph (1) does not apply to an extension for up to

2 years of a noncompetitive management and operating contract,

if the extension is for purposes of allowing time to award competitively a new contract, to provide continuity of service between

contracts, or to complete a contract that will not be renewed.

(b) In this section:

(1) The term ‘‘noncompetitive management and operating

contract’’ means a contract that was awarded more than 50

years ago without competition for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore

National Laboratory, and Los Alamos National Laboratory.

(2) The term ‘‘competitive procedures’’ has the meaning

provided in section 4 of the Office of Federal Procurement

Policy Act (41 U.S.C. 403) and includes procedures described

in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that

solicits a proposal from only one source.

(c) For all management and operating contracts other than

those listed in subsection (b)(1), none of the funds appropriated

by this Act may be used to award a management and operating

contract, or award a significant extension or expansion to an

existing management and operating contract, unless such contract

is awarded using competitive procedures or the Secretary of Energy

grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such

a waiver. At least 60 days before a contract award for which

the Secretary intends to grant such a waiver, the Secretary shall

submit to the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Committees

of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition

should be waived for this particular award.

SEC. 302. None of the funds appropriated by this Act may

be used to—

Deadline.

Reports.

Contracts.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2279

(1) develop or implement a workforce restructuring plan

that covers employees of the Department of Energy; or

(2) provide enhanced severance payments or other benefits

for employees of the Department of Energy, under section 3161

of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102–484; 42 U.S.C. 7274h).

SEC. 303. None of the funds appropriated by this Act may

be used to augment the funds made available for obligation by

this Act for severance payments and other benefits and community

assistance grants under section 3161 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42

U.S.C. 7274h) unless the Department of Energy submits a reprogramming request to the appropriate congressional committees.

SEC. 304. None of the funds appropriated by this Act may

be used to prepare or initiate Requests For Proposals (RFPs) for

a program if the program has not been funded by Congress.

SEC. 305. The unexpended balances of prior appropriations

provided for activities in this Act may be available to the same

appropriation accounts for such activities established pursuant to

this title. Available balances may be merged with funds in the

applicable established accounts and thereafter may be accounted

for as one fund for the same time period as originally enacted.

SEC. 306. None of the funds in this or any other Act for

the Administrator of the Bonneville Power Administration may

be used to enter into any agreement to perform energy efficiency

services outside the legally defined Bonneville service territory,

with the exception of services provided internationally, including

services provided on a reimbursable basis, unless the Administrator

certifies in advance that such services are not available from private

sector businesses.

SEC. 307. When the Department of Energy makes a user facility

available to universities or other potential users, or seeks input

from universities or other potential users regarding significant

characteristics or equipment in a user facility or a proposed user

facility, the Department shall ensure broad public notice of such

availability or such need for input to universities and other potential

users. When the Department of Energy considers the participation

of a university or other potential user as a formal partner in

the establishment or operation of a user facility, the Department

shall employ full and open competition in selecting such a partner.

For purposes of this section, the term ‘‘user facility’’ includes, but

is not limited to: (1) a user facility as described in section 2203(a)(2)

of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a

National Nuclear Security Administration Defense Programs Technology Deployment Center/User Facility; and (3) any other Departmental facility designated by the Department as a user facility.

SEC. 308. Funds appropriated by this or any other Act, or

made available by the transfer of funds in this Act, for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414) during fiscal year 2006 until the enactment of

the Intelligence Authorization Act for fiscal year 2006.

SEC. 309. None of the funds in this Act may be used to dispose

of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight

for the aggregate of any material category on the date of enactment

of this Act, or is generated after such date. For the purpose of

119 STAT. 2280 PUBLIC LAW 109–103—NOV. 19, 2005

this section, the material categories of transuranic waste from the

Rocky Flats Environmental Technology Site include: (1) ash residues; (2) salt residue; (3) wet residues; (4) direct repackage residues;

and (5) scrub alloy as referenced in the ‘‘Final Environmental

Impact Statement on Management of Certain Plutonium Residues

and Scrub Alloy Stored at the Rocky Flats Environmental Technology Site’’.

SEC. 310. RENO HYDROGEN FUEL PROJECT FUNDING.—(a) The

non-Federal share of project costs shall be 20 percent.

(b) The cost of project vehicles, related facilities, and other

activities funded from the Federal Transit Administration Sections

5307, 5308, 5309, and 5314 program, including the non-Federal

share for the FTA funds, is an eligible component of the nonFederal share for this project.

(c) Contribution of the non-Federal share of project costs for

all grants made for this project may be deferred until the entire

project is completed.

(d) All operations and maintenance costs associated with

vehicles, equipment, and facilities utilized for this project are

eligible project costs.

(e) This section applies to project appropriations beginning

in fiscal year 2004.

SEC. 311. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT.—Of the funds made available by the Department of Energy

for activities at government-owned, contractor-operator operated

laboratories funded in this Act or subsequent Energy and Water

Development Appropriations Acts, the Secretary may authorize a

specific amount, not to exceed 8 percent of such funds, to be used

by such laboratories for laboratory-directed research and development: Provided, That the Secretary may also authorize a specific

amount not to exceed 3 percent of such funds, to be used by

the plant manager of a covered nuclear weapons production plant

or the manager of the Nevada Site Office for plant or site-directed

research and development: Provided further, That notwithstanding

Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may

be eligible for laboratory directed research and development

funding.

SEC. 312. Of amounts appropriated to the Secretary of Energy

for the Rocky Flats Environmental Technology Site for fiscal year

2006, the Secretary may provide, subject to authorization, up to

$10,000,000 for the purchase of mineral rights at the Rocky Flats

Environmental Technology Site.

SEC. 313. Section 4306 of the Atomic Energy Defense Act (50

U.S.C. 2566) is amended—

(1) in subsection (a)—

(A) in paragraph (2)(A), by striking ‘‘2009’’ each place

it appears and inserting ‘‘2012’’; and

(B) in paragraph (3)—

(i) in subparagraph (B)(ii), by striking ‘‘2009’’ and

inserting ‘‘2012’’; and

(ii) in subparagraph (C), by striking ‘‘2009’’ and

inserting ‘‘2012’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘(a)(2)’’ and inserting ‘‘(g)’’; and

(ii) by striking ‘‘2009’’ and inserting ‘‘2012’’;

50 USC 2791a.

Applicability.

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2281

(B) in paragraph (4), by striking ‘‘2009’’ each place

it appears and inserting ‘‘2012’’; and

(C) in paragraph (5), by striking ‘‘2009’’ and inserting

‘‘2012’’;

(3) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

‘‘2009’’ and inserting ‘‘2012’’;

(B) in paragraph (1), by striking ‘‘2011’’ and inserting

‘‘2014’’; and

(C) in paragraph (2), by striking ‘‘2017’’ each place

it appears and inserting ‘‘2020’’;

(4) in subsection (d)—

(A) in paragraph (1)—

(i) by striking ‘‘2011’’ and inserting ‘‘2014’’;

(ii) by striking ‘‘from funds available to the Secretary’’ and inserting ‘‘subject to the availability of

appropriations’’; and

(iii) by striking ‘‘2016’’ and inserting ‘‘2019’’; and

(B) in paragraph (2)(A), by striking ‘‘2017’’ each place

it appears and inserting ‘‘2020’’;

(5) in subsection (e), by striking ‘‘2020’’ and inserting

‘‘2023’’;

(6) by redesignating subsection (g) as subsection (h); and

(7) by inserting after subsection (f) the following:

‘‘(g) BASELINE.—Not later than December 31, 2006, the Secretary shall submit to Congress a report on the construction and

operation of the MOX facility that includes a schedule for revising

the requirements of this section during fiscal year 2007 to conform

with the schedule established by the Secretary for the MOX facility,

which shall be based on estimated funding levels for the fiscal

year.’’.

SEC. 314. SALES OF URANIUM.—(a) IN GENERAL.—Notwithstanding any other provision of Federal law, including section 3112

of the USEC Privatization Act (42 U.S.C. 2297h–2) and section

3302 of title 31, United States Code, the Secretary of Energy is

authorized to barter, transfer or sell uranium (including natural

uranium concentrates, natural uranium hexafluoride, or in any

form or assay) and to use any proceeds, without fiscal year limitation, to remediate uranium inventories held by the Secretary.

(b) ADDITIONAL REQUIREMENTS.—Any barter, transfer or sale

of uranium under subsection (a) shall to the extent possible, be

competitive and comply with all applicable Federal procurement

laws (including regulations); and shall not exceed 10 percent of

the total annual fuel requirements of all licensed nuclear power

plants located in the United States for uranium concentrates, uranium conversion, or uranium enrichment.

SEC. 315. Section 130 of division H (Miscellaneous Appropriations and Offsets) of the Consolidated Appropriations Act, 2004,

Public Law 108–199, is hereby amended by striking ‘‘is provided

for the Coralville, Iowa, project’’ and all that follows and inserting:

‘‘is provided for the Iowa Environmental and Education project

to be located in Iowa. No further funds may be disbursed by the

Department of Energy until a one hundred percent non-Federal

cash and in-kind match of the appropriated Federal funds has

been secured for the project by the non-Federal project sponsor:

Provided, That the match shall exclude land donations: Provided

further, That if the match is not secured by the non-Federal project

Expiration date.

118 Stat. 441.

Deadline.

Reports.

119 STAT. 2282 PUBLIC LAW 109–103—NOV. 19, 2005

sponsor by December 1, 2007, the remaining Federal funds shall

cease to be available for the Iowa Environmental and Education

project.’’.

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized

by the Appalachian Regional Development Act of 1965, as amended,

for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission, for payment of

the Federal share of the administrative expenses of the Commission,

including services as authorized by 5 U.S.C. 3109, and hire of

passenger motor vehicles, $65,472,000, to remain available until

expended.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety

Board in carrying out activities authorized by the Atomic Energy

Act of 1954, as amended by Public Law 100–456, section 1441,

$22,032,000, to remain available until expended.

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and

to carry out its activities, as authorized by the Delta Regional

Authority Act of 2000, as amended, notwithstanding sections

382C(b)(2), 382F(d), and 382M(b) of said Act, $12,000,000, to remain

available until expended.

DENALI COMMISSION

For expenses of the Denali Commission including the purchase,

construction and acquisition of plant and capital equipment as

necessary and other expenses, $50,000,000, to remain available

until expended, nothwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out

the purposes of the Energy Reorganization Act of 1974, as amended,

and the Atomic Energy Act of 1954, as amended, including official

representation expenses (not to exceed $15,000), purchase of promotional items for use in the recruitment of individuals for employment, $734,376,000, to remain available until expended: Provided,

That of the amount appropriated herein, $46,118,000 shall be

derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services

PUBLIC LAW 109–103—NOV. 19, 2005 119 STAT. 2283

and collections estimated at $617,182,000 in fiscal year 2006 shall

be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during

fiscal year 2006 so as to result in a final fiscal year 2006 appropriation estimated at not more than $117,194,000: Provided further,

That section 6101 of the Omnibus Budget Reconciliation Act of

1990 is amended by inserting before the period in subsection

(c)(2)(B)(v) the words ‘‘and fiscal year 2006’’.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $8,316,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and

other services and collections estimated at $7,485,000 in fiscal

year 2006 shall be retained and be available until expended, for

necessary salaries and expenses in this account, notwithstanding

31 U.S.C. 3302: Provided further, That the sum herein appropriated

shall be reduced by the amount of revenues received during fiscal

year 2006 so as to result in a final fiscal year 2006 appropriation

estimated at not more than $831,000.

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review

Board, as authorized by Public Law 100–203, section 5051,

$3,608,000, to be derived from the Nuclear Waste Fund, and to

remain available until expended.

TITLE V

GENERAL PROVISIONS

SEC. 501. None of the funds appropriated by this Act may

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

Congress, other than to communicate to Members of Congress as

described in 18 U.S.C. 1913.

SEC. 502. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in this Act or any other appropriation Act.

42 USC 2214.

119 STAT. 2284 PUBLIC LAW 109–103—NOV. 19, 2005

LEGISLATIVE HISTORY—H.R. 2419:

HOUSE REPORTS: Nos. 109–86 (Comm. on Appropriations) and 109–275 

(Comm. of Conference).

SENATE REPORTS: No. 109–84 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

May 24, considered and passed House.

June 30, considered and passed Senate, amended.

Nov. 9, House agreed to conference report.

Nov. 14, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Nov. 19, Presidential statement.

Æ

This Act may be cited as the ‘‘Energy and Water Development

Appropriations Act, 2006’’.

Approved November 19, 2005.